ANTI-SEXUAL HARASSMENT ACT

(R.A. 7877)

Approved on February 14, 1995

DECLARATION OF POLICY
The State shall:

Value the Dignity of every individual;

Enhance the development of its Human
resources;
Guarantee full respect for Human rights;
and
Uphold the Dignity of workers, employees,
applicants for employment, students or
those undergoing training, instruction or
education.
What is Sexual Harassment?

The making of unwanted and

offensive sexual advances,
remarks or acts, especially by one
in a superior or supervisory
position or when acquiescence to
such behavior is a condition of
continued employment, promotion,
or satisfactory evaluation.
What are the forms of Sexual
Harassment?
1. Physical
- Malicious touching
- Overt sexual advances
- Gestures with lewd insinuation
2. Verbal, such as but not limited to,
requests or demands for sexual
favors, and lurid remarks
3. Use of objects, pictures or graphics,
letters orwritten notes with sexual
underpinnings
4. Other forms analogous to the foregoing.
How are Sexual Harassment acts
classified?
A. Grave Offense shall include, but are not
limited to:
1. unwanted touching of private parts of
the body (genitalia, buttocks and breast);
2. sexual assault;
3. malicious touching;
4. requesting for sexual favor in exchange
for employment, promotion, local or foreign
travels, favorable working condition or
assignments, a passing grade, the granting
of honors or scholarship, or the grant of
benefits or payment of a stipend or
B. Less Grave Offense shall
include, but are not limited to:
1. unwanted touching or brushing
against a victims
body;
2. pinching not falling under grave
offenses;
3. derogatory or degrading remarks
or innuendoes directed toward the
members of one sex, or ones
sexual orientation or used to
describe a person;
C. The following shall be considered as Light Offenses:

1. Surreptitiously looking or staring a look

of a persons private part or worn
undergarments;
2. telling sexist/smutty jokes or sending
these through text, electronic mail or other
similar means causing embarrassment or
offense and carried not after the offender
has been advised that they are offensive or
embarrassing or, even without such advise,
when they are by their mature clearly
embarrassing, offensive or vulgar;
3. malicious leering or ogling;
4. the display of sexually offensive
pictures, materials or graffiti;
 5. unwelcome inquiries or comments about a
persons sex life;

6. unwelcome sexual flirtation, advances,

propositions;

7. making offensive hand or body gestures

at an employee;

8. persistent unwanted attention with sexual

overtones;

9. Unwelcome phone calls with sexual overtones

causing discomfort, embarrassment, offense or
insult to the receiver; and

10. other analogous cases.

What are the issuances governing Sexual
Harassment?

Administrative Disciplinary Rules on

Sexual Harassment Cases, for the Public
Sector

RA 7877, mandates every employer or head

of agency in the public and private sector to
promulgate rules and regulations prescribing
the procedure for the investigation of sexual
harassment cases and the administrative
sanctions.
WHO may commit:
Supervisor
Agent of the employer
Manager
Employer
Employee
Teacher
Instructor
Professor
Coach
Trainor; and
Any other person who, having authority, influence or
moral ascendancy (AIM) over another.
 Any person who directs or induces
another to commit any act of sexual
harassment as herein defined (principal
by induction), or who cooperates in the
commission thereof by another,
without which it would not have been
committed (principal by indispensable
cooperation), shall also be held liable
under this Act.
WHERE committed:
In a work or training or education environment.
- amplified depending on the attendant circumstances
(telephone, cellphone/smartphone, facsimile messages,
etc.)

HOW Committed:

General Rule: Demands, requests or

otherwise requires any sexual favor
from the other regardless of whether
the demand, request or requirement for
submission is accepted by the object of
said act.
Specifically:
In a work-related or employment
environment, sexual harassment is
committed when: (CRI-IHO)

The sexual favor is made as a Condition:

In the hiring or in the employment;
Re-employment or continued employment
of said individual; or
In granting said individual favorable
compensation, terms, conditions,
promotions or privileges.
 The Refusal to grant the sexual favor results
in limiting, segregating or classifying the
employee which in any way would
discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee;
The above acts would Impair the employees
rights and privileges under existing labor
laws; and
The above acts would result in an
Intimidating, Hostile or Offensive
environment for the employee (IHO)
2. In an education or training environment,
sexual harassment is committed: (CEC-IHO)

.Against one who is under the

Care, custody or supervision of
the offender;
.Against one whose Education,
training, apprenticeship or
tutorship is entrusted to the
offender;
 When the sexual favor is made a
Condition to the giving of a passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges or considerations; and
When the sexual advances result in
an Intimidating, Hostile or
Offensive environment for the
result, trainee or apprentice (IHO).
Duty of the Employer or Head of Office
in a Work-Related, Education or
Training Environment
To prevent or deter the commission of acts of sexual
harassment;

To provide the procedures for the resolution,

settlement or prosecution of acts of sexual
harassment;

Promulgate appropriate rules and regulations in

consultation with and jointly approved by the employees
or students or trainees, through their duly designated
representative, prescribing the procedure for the
investigation of sexual harassment cases and the
administrative sanctions therefor;
 Create a Committee on Decorum and
Investigation (CODI) of cases on sexual harassment
to increase understanding and prevent incidents of
sexual harassment; and

The employer or head of office, educational or training

institution shall Disseminate or post a copy of this Act
for the information of all concerned.

Note: Administrative sanctions

shall not be a bar to prosecution
in the proper courts for unlawful
acts of sexual harassment.
Functions of CODI?
Receive complaints of sexual
harassment
Investigate sexual harassment
complaints in accordance with the
prescribed procedure
Submit a report of its findings with the
corresponding recommendation to the
disciplinary authority for decision.
Lead in the conduct of discussions
about sexual harassment within the
agency or institution to increase
 Who composes the CODI?
In a work-related environment:
Composed of at least one representative
each from the management, the accredited
union, if any, the second level employees and
the first level employees, duly selected by the
unit concerned.
In an education or training institution:
Composed of at least one representative
each from administration, the
trainers/teachers/ instructors/professors or
coaches, and students or trainee, as the case
may be duly selected by the level concerned.
What are the requisites of a
complaint for SH?
The complaint must be in writing, signed
and sworn to by the complainant. It
shall contain the following:
the full name and address of the
complainant;
the full name and address of the
respondents;
brief statement of the relevant facts;
evidence, in support of the complaint,
if any
a certificate of non-forum shopping.
What must the respondent do after
receipt of the FC?

The respondent must file an answer in writing

w/in 72 hours from receipt thereof and under
oath, otherwise he waives his right thereto
and formal investigation may begin.

The answer shall be specific and shall contain

material facts and applicable laws, if any,
including documentary evidence, sworn
statements covering testimonies of
witnesses.

It shall also include a statement including

whether the respondent elects a FI.
What are the actions on the
complaint?

CODI shall require the person

complained of to submit a
counter-affidavit/comment
under oath within 3 days from
receipt of notice furnishing a
copy thereof to the complainant
otherwise the counter-affidavit/
comment shall be considered as
not filed.
 Preliminary Investigation shall
be considered by the CODI.
The investigation involves the
ex parte examination of
documents submitted by the
complainant and the person
complained of, as well as other
documents readily available
from other government offices.
(Proceedings shall be held in
Upon receipts of the
counter-affidavit or
comment under oath, the
CODI may now recommend
whether a prima facie case
exists to warrant the
issuance of a formal charge.
If a prima facie case is established
during the investigation, a formal
charge shall be issued by the
disciplining authority within 3
working days from receipt of
Investigation Report.

In the absence of the prima facie

case, the complaint shall be
dismissed within the same period.
 Upon petition of the complainant
or motu proprio upon
recommendation of the CODI, of
any terms after the service of the
FC to the respondent, the proper
disciplining authority may order
the preventive suspension of
the respondent during the formal
investigation, if there are reasons
to believe that he/she is probably
guilty of the charges which would
warrant his/her removal from the
 What are some of the steps that a victim can do if sexually
harassed?
Be prepared. It is always helpful to think about what you might
do if it happens to you. You may be able to react better.
If possible, tell the harasser to stop in the presence of a friendly
witness, if any and say that you do not like what he or she is
doing. Emphasize that it is not welcome.
If the person is a co-worker, complain to your boss. Ask him to
help stop whatever is being done to you, if the harasser refuses
to stop.
If you can, write down what happened to you and when it
happened. If anyone was around that time and might have seen
what went on, write down their names. Also keep note about
what you did at that time.
Keep a record of efficiency or merit citations to disprove later
allegations of incompetence by the harasser.
It is good idea to complain in writing. When you do this, include
all the details. Ask for a written response. Be sure to keep a
copy of what you wrote and any response you receive.
How can one prevent sexual
harassment?
Hold awareness-raising sessions on sexual
harassment.
Discourage sexist or lewd jokes at the
expense of women in the workplace.
Create an atmosphere in the workplace that
promotes the dignity and self-esteem of
employees.
Attend lectures, symposia, and workshops on
issues pertaining to women and
disadvantaged groups.
 Enlist support and assistance of women
NGOs.
Write on the issue more frequently to
generate interest and awareness on the
problem.
Those in management and executive
positions should conduct themselves in a
friendly, discreet and highly professional
manner and later propositioning manner
to prevent misunderstanding.
Sexual harassers are often repeat
offenders. They usually have a modus
operandi, and use the same style and
even the same words in wooing and
later propositioning their victims.

It is therefore important for the victim

to talk about their experience to other
colleagues in the workplace. Chances
are other victims may have
experienced the same conduct, from
the same person.
Will the joke only defense on
the part of the harasser justify
the unwelcome behavior?

No. Whether an act is considered

sexual harassment is determined
by the victims point of view. Was
it unwelcome on the victims part
and did he/she feels humiliated by
it. If the victim felt it did, then it is
sexual harassment.
Liability of the Employer or Head of
Office, Educational or Training
Institution:

Shall be SOLIDARILY liable for damages

arising from the acts of sexual harassment
committed in the employment, education or
training environment if the employer or
head of office, educational or training
institution is informed of such acts by the
offended party and no immediate action is
taken thereon.
Independent Action for Damages

Nothing in this Act shall preclude the victim of work,

education or training-related sexual harassment from
instituting a separate and independent action for
damages and other affirmative relief.
Penalties

Any person who violates the provisions of this Act shall,

upon conviction, be penalized by imprisonment of not
less than 1 month nor more than 6 months, or a fine of
not less than PHP10,000.00 nor more than
PHP20,000.00, or both such fine and imprisonment at
the discretion of the court.
The penalties for light, less grave
and grave offenses are as
follows:
A. For light offenses:
1st offense Reprimand
2nd offense Fine or suspension not
exceeding thirty (30) days
3rd offense Dismissal
B. For less grave offenses:
1st offense Fine or suspension not
exceeding thirty (30) days and not
exceeding six (6) months
C.For grave offenses:
Dismissal

Section 57. If the

respondent is found guilty of
two or more charges or
counts, the penalty to be
imposed should be that
corresponding to the most
serious charge or count and
the rest shall be considered
as aggravating
Prescription

Any action arising from the violation of the provisions of

this Act shall prescribe in three (3) years.
Supreme Court decided:
- touching a female subordinate's hand and
shoulder, caressing her nape and telling
other people that the victim was the one
who hugged and kissed or that she
responded to the sexual advances

Bacsin vs. Wahiman, G.R. No. 146053,

April 30, 2008.
Narvasa vs. Sanchez. G.R. No. 169449, March 26, 2010
(employees in an LGU)

His attempt to kiss petitioner was a flagrant disregard of a

customary rule that had existed since time immemorial that
intimate physical contact between individuals must be
CONSENSUAL. Respondents defiance of custom and lack of
respect for the opposite sex were more appalling because he
was a married man. Respondents act showed a low regard for
women and disrespect for petitioners honor and dignity.

Furthermore, we note that this is the third time that

respondent is being penalized for acts of sexual harassment.
We are also alarmed by the increasing boldness in the way
respondent displayed his unwelcome affection for the women
of his fancy. He is a perverted predator preying on his female
colleagues and subordinates. Respondents continued
misbehavior cannot, therefore, be allowed to go unchecked.
Domingo vs. Rayala, G.R. No. 155831, February 18, 2008

Holding and squeezing Domingos shoulders, running his

fingers across her neck and tickling her ear, having
inappropriate conversations with her, giving her money
allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable sexual
overtones all these acts of Rayala resound with deafening
clarity the unspoken request for a sexual favor.

That the acts of Rayala generated an intimidating and

hostile environment for Domingo is clearly shown by the
common factual finding of the Investigating Committee, the
OP and the CA that Domingo reported the matter to an
officemate and, after the last incident, filed for a leave of
absence and requested transfer to another unit.
Thank you very much!!!